February 22, 2024

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A five-minute summary of AAI, regulation, and industry activities for members of the largest state agribusiness association in the nation.

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AAI IN ACTION

FMCSA Safety Advisory For Certain American Welding and Tank Nurse Tanks

The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a safety advisory to provide notice of the possibility of catastrophic failure of certain hazardous materials packages commonly known as “nurse tanks.”


RECOMMENDATION

The current Hazardous Materials Regulations (49 CFR Parts 171-180) do not require periodic inspection and testing of nurse tanks that have attached and legible American Society of Mechanical Engineers (ASME) identification plates and that meet the other requirements in 49 CFR §173.315(m)(1).


Requirements for periodic inspection and testing of nurse tanks apply only when the ASME plate is missing or illegible. See 49 CFR §173.315(m)(2).


The advisory from FMCSA and PHMSA strongly recommends that owners of American Welding and Tank (AWT) nurse tanks manufactured between January 1, 2007, and December 31, 2011 that are exempted from periodic inspection and testing requirements as described above, conduct voluntary periodic visual inspection in accordance with 49 CFR §173.315(m)(2)(i); thickness testing in accordance with 49 CFR §173.315(m)(2)(ii), and pressure testing in accordance with 49 CFR §173.315(m)(2)(iii). Note these dates reflect the years of manufacture that failed testing.


For owners of affected AWT nurse tanks unable to conduct voluntary pressure testing, FMCSA and PHMSA recommend that either radiographic or ultrasonic testing be conducted. While the period of voluntary inspection and testing is at the discretion of the nurse tank owner, FMCSA and PHMSA recommend conducting the inspection and testing at least once every five years consistent with 49 CFR §173.315(m)(2)(iv).


ADDITIONAL INFORMATION

This notice focuses on nurse tanks manufactured from January 1, 2007, through December 31, 2011, by American Welding and Tank (AWT) at its Fremont, Ohio plant. Nurse tanks manufactured by AWT from 2009 to 2010 were the subject of a prior FMCSA investigation and enforcement action in response to improper manufacturing procedures.


On August 23, 2023, a 2009 AWT nurse tank containing anhydrous ammonia experienced a catastrophic failure in a farm co-op lot, resulting in the release of all product. The failure caused the tank shell to “rocket” over 300 feet from its original location. While no injuries were reported, this event is an indicator of potential continuing problems with AWT nurse tanks that have now been in service for over a decade.


As a result of this incident, the owner of the nurse tank involved contracted with a third-party testing company to examine their AWT nurse tanks that were manufactured between 2008 and 2012. Radiographic testing showed that 7 of 8 the nurse tanks tested had extreme stress corrosion cracking, porosity, and inclusions/voids in the welds where the heads and shells of the nurse tanks were joined. Only the 2012 tank passed. The nurse tank owner submitted these results to engineering experts who were involved in previous research funded by FMCSA into similar issues with this series of AWT nurse tanks.1 Based on the test results and the review by the experts, the owner voluntarily placed the nurse tanks out-of-service. The parent company of the farm co-op subsequently conducted similar radiographic testing on 142 AWT nurse tanks manufactured between 2007 and 2012, and 100 failed the test. All 2012 tanks passed.


View the full advisory with links to relevant code and additional resources below:

FMCSA Nurse Tank Safety Advisory

ESA Herbicide Strategy Deadline Extension

A federal court has extended the deadline for the US Environmental Protection Agency (EPA) to complete its herbicide strategy. The deadline has been extended to August 30, 2024.


The extra time was requested by EPA to "consider public comments on the draft Herbicide Strategy and the input the agency continues to receive about implementing ESA mitigation measures, particularly on ensuring that measures are practical and effective." The EPA has received more than 20,000 comments. The draft Insecticide Strategy is still expected to be released by July 30.


The Herbicide Strategy, which includes crop protection products, is an effort to bring EPA regulations for these pesticides in compliance with the Endangered Species Act (ESA).


Additional Reading:

EPA Herbicide Strategy Deadline Pushed - Progressive Farmer


Comments were submitted by AAI to the EPA regarding the Herbicide Strategy last fall. Click Here to see AAI comment letter

EPA WOTUS Listening Session for Agricultural Stakeholders

February 27, 2024, 2:00 PM-4:30PM Central Time

Click Here To Register for the Seminar

(by Monday, February 26, 2024 at 12:00pm EST)

 

Attendees may sign up for a three-minute time slot to provide verbal input. Please note that there is no guarantee that attendees will have an opportunity to speak. Pre-registration to speak is on a first come first served basis and will end when capacity has been reached. Note that if you select ‘yes’ within the registration form and are confirmed for registration, you will be called upon by name during the listening session. Confirmed speakers will receive an invitation to join the session as a Panelist with additional information. Requests to speak may also be taken during the listening session, pending availability. Registration will end by noon the day prior to the session.


Participants can register to listen rather than speak. Additionally, once the speaking slots are filled, participants can continue to register to listen to the session. There is, however, a capacity limit to these listening sessions, and once that capacity has been met, registration will be closed. 


BACKGROUND INFORMATION

On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023.


Click Here to read more about the conforming rule


The agencies have committed to hosting listening sessions focused on identifying issues that may arise outside this rule to conform the definition of “waters of the United States” to the decision in Sackett. The agencies will be hosting multiple listening sessions to enable broad participation from co-regulators and stakeholders. The listening session for agricultural stakeholders will be held on February 27, 2024. 


The agencies have recorded a video overview of the pre-2015 regulatory regime and the 2023 rule as amended, which is available on the EPA website:

Updates On WOTUS - November 15, 2023

Thank You For Your Membership!

 As a member of AAI, you are the driving force of the organization Where Agribusiness Matters. Thank you for your membership and your commitment to the success of agribusiness in Iowa.

 

The following companies have recently renewed their membership for the 2024 Membership Year.


  • Viafield
  • S&K Packaging
  • Kahler Automation
  • CHS
  • Asmus Farm Supply
  • Berkley Insurance
  • Bayer CropScience


Not currently a member? Click Here to send us an email so we can follow up with your company and help you get connected to AAI.

ASSOCIATION CALENDAR

April 4

AAI Board of Directors Meeting

10:00 AM | AAI Main Office Board Room

AROUND THE INDUSTRY

Carbon and Ecosystem Services Markets Survey

Researchers at Iowa State University, in collaboration with Practical Farmers of Iowa, the Sustainable Food Lab, and The Nature Conservancy, are conducting a survey to improve understanding of farmer decisions regarding carbon contracts in an effort to help farmers make more informed choices.


Carbon and/or ecosystem service markets can provide benefits to both farmers and the environment, but the vast array of options and complexity of contracts can be a barrier to participation for some farmers.


The survey will take approximately 20 minutes to complete, and we offer compensation ranging from $69 to $95 upon completion. To learn more and/or access the online survey, you can click below:

https://iastate.qualtrics.com/jfe/form/SV_6PWfedbZYUpGr0G


Participation in this survey is voluntary, and participants can skip any questions they do not wish to answer. Please consider completing the survey if you feel it is relevant to you, and/or sharing with farmers in your network. If you have questions or suggestions regarding the survey, please reach out to Dr.Hongli Feng (hfeng@iastate.edu) at Iowa State University or Sarah Carlson (sarah.carlson@practicalfarmers.org) at Practical Farmers of Iowa.

Online and In-Person Pesticide Applicator Testing

The Iowa Department of Agriculture and Land Stewardship will once again offer in-person and online pesticide applicator testing options for commercial and private applicators this spring. The Department encourages commercial and private pesticide applicators to test and apply for licensing and certification this spring to avoid delays during the growing season.


Visit the IDALS Applicator Licensing & Certification Page for the following:

  • In-Person Testing 
  • Online Private Pesticide Applicator Testing
  • Online Commercial Pesticide Applicator Testing
  • Apply for Pesticide Applicator Licenses Online


FULL DETAILS ON THE IDALS WEBSITE:

HIGHLIGHTS FROM THE NEWS

EPA policy and proposals: Draft Herbicide Strategy will impact all U.S. farmers

Source: Farm Progress

If you have been to a crop meeting lately, you’ve likely heard an update on proposals put out by the Environmental Protection Agency (EPA) to address compliance issues with the Endangered Species Act (ESA).  


Of these are a series of mitigation strategies specifically targeted at groups of pesticides. The first of these, the draft Herbicide Strategy, was released by the EPA on July 24, 2023, intended to reduce potential environmental impacts from the use of herbicides for over 900 listed and endangered species and their designated critical habitats. 


Restrictions and early mitigations proposed by the draft Herbicide Strategy will largely impact the agricultural industry, and it is important for pesticide applicators to be aware.  


“Rest assured, virtually every single herbicide user in the lower 48 states is going to have additional compliance mitigations with this proposal,” said Kyle Kunkler, director of government affairs with the American Soybean Association. 


While a finalized version of the draft Herbicide Strategy is expected later this year, the EPA is not stopping there. The agency is also drafting proposals for insecticides and fungicides. 


“More and more, in the months to come farmers and applicators are going to have to check these restrictions to see what their products are subject to,” Kunkler added. 


The draft Herbicide Strategy outlines early mitigations the EPA expects to include on herbicide product labels. These mitigations complement those of other EPA proposals according to the Agency’s workplan released in 2022. 


[...] Read Full Story

Waterhemp Population Potentially Resistant to 2,4-D Found in Iowa

Source: Progressive Farmer

Add Iowa to the list of states where populations of waterhemp resistant to the herbicide 2,4-D may now reside.


In a Feb. 13 post on the Iowa State University (ISU) Integrated Crop Management News website, ISU Extension field agronomist Meaghan Anderson wrote that in late January, Corteva reported the discovery of a suspected 2,4-D-resistant waterhemp population in Wright County in north-central Iowa. Two samples of waterhemp seed -- one from plants in the field and one from a plant growing in the ditch next to the field -- were collected by a Corteva employee.


In an email response to DTN, Anderson said that while she was not aware of the field's complete cropping history, it was her understanding that Enlist soybeans, which are tolerant to 2,4-D, were grown in the field in 2021 and 2022. The herbicide was also used several years for weed management in the ditch.


"This reinforces the belief that the primary driver in herbicide resistance development in weed populations is repeated exposure to the same active ingredient over time," Anderson said.


In greenhouse testing, plants grown from waterhemp seed collected from the ditch did initially appear to be resistant to 2,4-D; plants from the field population did not. Further evaluation is underway to confirm resistance by Corteva, Anderson wrote.



[...] Read Full Story

Bioenergy sorghum wax, a potentially valuable coproduct, enhances crop's resilience

Source: Phys.org

Already valued for its resilience, biomass production and ability to improve soil fertility, bioenergy sorghum has another attribute that researchers have recently characterized: high wax production.


Plant waxes are useful across a wide scope of commercial products like cosmetics, inks and candles, and as edible food coatings and biofuels. Bioenergy sorghum's production of high wax loads—around 90–180 pounds per acre—might give growers additional profit.


Scientists within Texas A&M AgriLife Research and the Texas A&M College of Agriculture and Life Sciences are learning more about the plant's wax. Robert Chemelewski, a doctoral student in the Department of Biochemistry and Biophysics, carried out research with supervision from John Mullet, Ph.D., University Distinguished Professor and Perry L. Adkisson Chair in Agricultural Biology.


Their study was published in the journal Frontiers in Plant Science.


Sorghum, a drought- and heat-tolerant grass, is typically used for production of grain, forage and biomass for bioenergy. Bioenergy sorghum grows very long stems that can reach up to 18 feet tall.


The plant's resilience allows it to be productive even when grown on marginal land or with little water. This resilience is due in part to the plant's high wax production, which helps limit water loss and prevent the plant from absorbing too much heat by reflecting solar radiation.


[...] Read Full Story

Assessment: Soy’s carbon footprint decreased considerably

Source: AgDaily

soybeans person

A newly released Life Cycle Assessment found the U.S. soybean industry’s global warming potential profile decreased considerably in 2021 for whole soybeans, soybean meal, and soy oil compared to previously reported findings in 2015 and 2010.


Commissioned by the United Soybean Board and the National Oilseed Processors Association, the study assessed the main drivers of the environmental impact, including soybean cultivation and harvesting (e.g., herbicides, field operations, and fertilizer), transportation, and energy usage in processing.


“USB’s mission is to create value for U.S. soybean farmers by investing in research, education, and promotion of U.S. Soy,” says Lucas Lentsch, United Soybean Board CEO. “This body of research helps farmers better assess and understand soy’s contribution to the environmental impacts throughout the life cycle of the entire soybean value chain. Ultimately, this data can competitively position our downstream products such as human foods, animal feeds, biofuels, and other industrial applications.”


As a major commodity crop, soybean production continues to increase over time, contributing $124 billion to the U.S. economy. Global output went from fewer than 50 million tons in 1970 to more than 350 million tons in 2020. The U.S. is one of the commodity’s largest producers and is the second-largest exporter. Soybeans also comprise about 90 percent of U.S. oilseed production in the agricultural sector.



[...] Read Full Story

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